show cause notice cannot be
treated as an invocation of Arbitration Agreement. It is stated that the
ARP. P. No.181/2014 & 196/2014 ... which the same shall be settled through arbitration. The
arbitration proceedings shall be governed by the Arbitration &
Conciliation Act, 1996 , or any statutory amendments
vide its letter dated 17th August, 2016
objected to the invocation of the arbitration and the
appointment of said Mr. Naniwadekar as the Sole
Arbitrator ... contract,
namely the Petitioner in the present case; and
(ii) the invocation of arbitration in the present case
is premature as the Petitioner
contend that the Supreme Court
has held that as the invocation of arbitration was prior to the coming into
force of the Amending ... present case
as in that case not only was the invocation of arbitration prior to the
coming into force of the Amending Act , but also
converting them into equity shares, but neither
materialised, resulting in the invocation of arbitration.
From some of the e-mails, like the one dated 24th ... barred by the law of limitation as on the date of invocation of arbitration.
18. In the present case, the respondent no.1 had originally
learned counsel has submitted that the allegation that no notice
of invocation of arbitration was received by the petitioner is factually
incorrect. By its email ... Award, take the plea that it was unaware of the invocation of
arbitration.
The award holders submitted that subsequently, by abundant caution
and in order
M/S Apr Constructions Ltd. vs Union Of India Rep By on 23 August, 2018
which the same shall be settled through arbitration. The
arbitration proceedings shall be governed by the Arbitration &
Conciliation Act, 1996 , or any statutory amendments ... reply
affidavit. Hence, it is not as if even prior to invocation of arbitration clause
on 02.01.2017, attempts were not made to resolve the disputes
order of the Chairman dated 20.11.2014 was an award, therefore, invocation of arbitration clause is barred by res judicata. It was submitted that pursuant ... award, which was the basis for contending that the invocation of arbitration clause was barred by res judicata and it is only for this reason
Termination of contract due to breach -
Effect of, on arbitration clause contained
therein - Reiterated, arbitration clause
neither perishes nor becomes inoperative in
such a case ... LIMITED
7/21
" B. Arbitration and Conciliation Act, 1996 -
S.8 - Power under, to refer parties to
arbitration - Invocation of - Conditions
required
taken the
letter dated 06.04.2010 to be a letter of invocation of arbitration.
OMP(COMM) 356/2018 Page 3
7. I may also emphasize that ... However, the question would still remain whether the invocation of
Arbitration by letter dated 23.10.2013 by the respondent would still be
barred
